SLAPP Suits: Difference between revisions
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===Defamation lawsuit=== |
===Defamation lawsuit=== |
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On June 21, 2017, Marshall County Coal Company and other companies chaired by Bob Murray filed a lawsuit against John Oliver, [[HBO]], and others associated with Oliver in a [[West Virginia Circuit Courts|West Virginia Circuit Court]], on charges relating to [[defamation]].<ref>{{Cite news|last=Livni|first=Ephrat|date=August 1, 2017|title=The ACLU filed a comical brief in defense of free speech and John Oliver's satire|work=[[Quartz (website)|Quartz]]|url=https://qz.com/1044063/john-oliver-was-sued-by-coal-mining-companies-and-the-aclu-came-to-his-defense-with-a-witty-amicus-brief/|access-date=December 13, 2021|archive-date=December 14, 2021|archive-url=https://web.archive.org/web/20211214045644/https://qz.com/1044063/john-oliver-was-sued-by-coal-mining-companies-and-the-aclu-came-to-his-defense-with-a-witty-amicus-brief/|url-status=live}}</ref><ref name=":0">{{Cite news|last=Swan|first=Betsy|date=June 22, 2017|title=Republican coal king sues HBO over John Oliver's show|work=[[The Daily Beast]]|url=https://www.thedailybeast.com/coal-king-sues-hbo-over-john-olivers-show|access-date=December 13, 2021|archive-date=June 18, 2018|archive-url=https://web.archive.org/web/20180618145641/http://www.thedailybeast.com/coal-king-sues-hbo-over-john-olivers-show|url-status=live}}</ref> The complaint alleged that Oliver carried out a "meticulously planned attempt to assassinate the character of and reputation of Mr. Robert E. Murray and his companies".<ref name=":0" /> The plaintiffs criticized Oliver's coverage of the Crandall Canyon Mine collapse, reiterating their claim that the primary collapse was caused by an earthquake, rather than unsafe mining practices on the part of Murray Energy.<ref name=":0" /> The company sought monetary damages, as well as a [[gag order]] on broadcasting |
On June 21, 2017, Marshall County Coal Company and other companies chaired by Bob Murray filed a lawsuit against John Oliver, [[HBO]], and others associated with Oliver in a [[West Virginia Circuit Courts|West Virginia Circuit Court]], on charges relating to [[defamation]].<ref>{{Cite news|last=Livni|first=Ephrat|date=August 1, 2017|title=The ACLU filed a comical brief in defense of free speech and John Oliver's satire|work=[[Quartz (website)|Quartz]]|url=https://qz.com/1044063/john-oliver-was-sued-by-coal-mining-companies-and-the-aclu-came-to-his-defense-with-a-witty-amicus-brief/|access-date=December 13, 2021|archive-date=December 14, 2021|archive-url=https://web.archive.org/web/20211214045644/https://qz.com/1044063/john-oliver-was-sued-by-coal-mining-companies-and-the-aclu-came-to-his-defense-with-a-witty-amicus-brief/|url-status=live}}</ref><ref name=":0">{{Cite news|last=Swan|first=Betsy|date=June 22, 2017|title=Republican coal king sues HBO over John Oliver's show|work=[[The Daily Beast]]|url=https://www.thedailybeast.com/coal-king-sues-hbo-over-john-olivers-show|access-date=December 13, 2021|archive-date=June 18, 2018|archive-url=https://web.archive.org/web/20180618145641/http://www.thedailybeast.com/coal-king-sues-hbo-over-john-olivers-show|url-status=live}}</ref> The complaint alleged that Oliver carried out a "meticulously planned attempt to assassinate the character of and reputation of Mr. Robert E. Murray and his companies".<ref name=":0" /> The plaintiffs criticized Oliver's coverage of the Crandall Canyon Mine collapse, reiterating their claim that the primary collapse was caused by an earthquake, rather than unsafe mining practices on the part of Murray Energy.<ref name=":0" /> The company sought monetary damages, as well as a [[gag order]] on broadcasting the piece or airing it online.<ref name=":3" /> An HBO spokesperson expressed confidence in ''Last Week Tonight'', and said that they did not believe that "anything in the show this week violated Mr. Murray's or Murray Energy's rights".<ref name=":3" /><ref>{{Cite news|last=Maddaus|first=Gene|date=22 June 2017|title=John Oliver sued for 'ruthless character assassination' by coal CEO|url=https://variety.com/2017/biz/news/john-oliver-sued-coal-ceo-robert-massey-1202475884/|url-status=live|archive-url=https://web.archive.org/web/20210214124141/https://variety.com/2017/biz/news/john-oliver-sued-coal-ceo-robert-massey-1202475884/|archive-date=February 14, 2021|access-date=9 February 2021|work=[[Variety (magazine)|Variety]]|language=en-US}}</ref> |
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On February 24, 2018, the case was dismissed, with the judge agreeing with HBO's arguments that Murray Energy had failed to state a valid claim.<ref>{{Cite news|last=Nyren|first=Erin|date=24 February 2018|title=John Oliver victorious: coal CEO's defamation suit dismissed|url=https://variety.com/2018/tv/news/john-oliver-lawsuit-dismissed-1202709801/|url-status=live|archive-url=https://web.archive.org/web/20210301213850/https://variety.com/2018/tv/news/john-oliver-lawsuit-dismissed-1202709801/|archive-date=March 3, 2021|access-date=9 February 2021|work=[[Variety (magazine)|Variety]]|language=en-US}}</ref> Murray Energy appealed to the [[Supreme Court of Appeals of West Virginia]], but [[Impeachment of the Supreme Court of Appeals of West Virginia|four of the five justices on that court were impeached]] for charges relating to corruption, overspending, and lack of oversight; the fifth justice resigned. The defamation lawsuit was later dropped, while Murray Energy was filing for bankruptcy.<ref name=":4">{{Cite news|last=Locker|first=Melissa|date=November 11, 2019|title=John Oliver picks a new fight with a coal boss he called 'a geriatric Dr. Evil' on 'Last Week Tonight'|magazine=[[Time (magazine)|Time]]|url=https://time.com/5722305/john-oliver-coal-fight-last-week-tonight/|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210211040006/https://time.com/5722305/john-oliver-coal-fight-last-week-tonight/|archive-date=February 11, 2021}}</ref> Oliver also revealed that he had mentioned one of the justices on the court in a segment a few years prior; specifically, he had joked that the chief justice on the court, [[Allen Loughry]], referred to his penis as "The Gavel".<ref name=":5" /> |
On February 24, 2018, the case was dismissed, with the judge agreeing with HBO's arguments that Murray Energy had failed to state a valid claim.<ref>{{Cite news|last=Nyren|first=Erin|date=24 February 2018|title=John Oliver victorious: coal CEO's defamation suit dismissed|url=https://variety.com/2018/tv/news/john-oliver-lawsuit-dismissed-1202709801/|url-status=live|archive-url=https://web.archive.org/web/20210301213850/https://variety.com/2018/tv/news/john-oliver-lawsuit-dismissed-1202709801/|archive-date=March 3, 2021|access-date=9 February 2021|work=[[Variety (magazine)|Variety]]|language=en-US}}</ref> Murray Energy appealed to the [[Supreme Court of Appeals of West Virginia]], but [[Impeachment of the Supreme Court of Appeals of West Virginia|four of the five justices on that court were impeached]] for charges relating to corruption, overspending, and lack of oversight; the fifth justice resigned. The defamation lawsuit was later dropped, while Murray Energy was filing for bankruptcy.<ref name=":4">{{Cite news|last=Locker|first=Melissa|date=November 11, 2019|title=John Oliver picks a new fight with a coal boss he called 'a geriatric Dr. Evil' on 'Last Week Tonight'|magazine=[[Time (magazine)|Time]]|url=https://time.com/5722305/john-oliver-coal-fight-last-week-tonight/|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210211040006/https://time.com/5722305/john-oliver-coal-fight-last-week-tonight/|archive-date=February 11, 2021}}</ref> Oliver also revealed that he had mentioned one of the justices on the court in a segment a few years prior; specifically, he had joked that the chief justice on the court, [[Allen Loughry]], referred to his penis as "The Gavel".<ref name=":5" /> |
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|video2={{YouTube|id=UN8bJb8biZU|title=''Last Week Tonight with John Oliver'': SLAPP Suits (HBO)}} |
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On November 10, 2019, John Oliver aired a segment on his show, titled "SLAPP Suits". SLAPP stands for [[strategic lawsuit against public participation|strategic lawsuits against public participation]], lawsuits designed to threaten targets into not criticizing the plaintiff with the promise of high attorneys' fees and possible payment of damages.<ref name=":14">{{Cite news|last=Saad|first=Nardine|date=11 November 2019|title=John Oliver roasts litigious coal titan in epic, squirrel-filled musical number|language=en-US|work=[[Los Angeles Times]]|url=https://www.latimes.com/entertainment-arts/tv/story/2019-11-11/john-oliver-slapp-lawsuits-victorious-last-week-tonight-musical-ending|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210116155852/https://www.latimes.com/entertainment-arts/tv/story/2019-11-11/john-oliver-slapp-lawsuits-victorious-last-week-tonight-musical-ending|archive-date=January 16, 2021}}</ref> |
On November 10, 2019, John Oliver aired a segment on his show, titled "SLAPP Suits". SLAPP stands for [[strategic lawsuit against public participation|strategic lawsuits against public participation]], lawsuits designed to threaten targets into not criticizing the plaintiff with the promise of high attorneys' fees and possible payment of damages.<ref name=":14">{{Cite news|last=Saad|first=Nardine|date=11 November 2019|title=John Oliver roasts litigious coal titan in epic, squirrel-filled musical number|language=en-US|work=[[Los Angeles Times]]|url=https://www.latimes.com/entertainment-arts/tv/story/2019-11-11/john-oliver-slapp-lawsuits-victorious-last-week-tonight-musical-ending|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210116155852/https://www.latimes.com/entertainment-arts/tv/story/2019-11-11/john-oliver-slapp-lawsuits-victorious-last-week-tonight-musical-ending|archive-date=January 16, 2021}}</ref> |
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Oliver began the segment by summarizing the legal proceedings up until then, including a video of Bob Murray promoting his lawsuit on [[Fox Business]].<ref name=":7" /> Oliver noted that despite winning the case, his show's libel insurance tripled in addition to paying over $200,000 in attorneys' fees.<ref name=":4" /> He further pointed out that Murray Energy has filed at least nine lawsuits against news outlets and journalists who have published negative content about him, including a lawsuit against ''[[HuffPost]]'', who called him an "extremist coal baron",<ref name=":3" /> and ''[[The New York Times]]''.<ref>{{Cite news|last=Schwartz|first=John|date=27 October 2020|title=Robert Murray, coal baron with clout, dies at 80|language=en-US|work=[[The New York Times]]|url-access=limited|url=https://www.nytimes.com/2020/10/27/climate/robert-murray-coal-baron-with-clout-dies-at-80.html|url-status=live|access-date=10 February 2021|archive-date=2020-12-17|archive-url=https://web.archive.org/web/20201217194448/https://www.nytimes.com/2020/10/27/climate/robert-murray-coal-baron-with-clout-dies-at-80.html}}</ref> Oliver stated that Murray Energy has also sued those who may not be fortunate enough to have the backing of a large company like HBO or libel insurance, and suggested that Murray's reputation for litigiousness may have succeeded in its goal of silencing criticism. In particular, Oliver contended that Murray's habits led to the relative silence in the press on two sexual harassment lawsuits against him, one of which involved asking a female employee to find a [[Kidney stone disease|kidney stone]] that Murray had passed and lost.<ref name=":7" /><ref name=":10">{{Cite episode|title=SLAPP Suits|episode-link=SLAPP Suits|url=https://www.hbo.com/last-week-tonight-with-john-oliver/2019/119-episode-178|access-date=January 2, 2022|series=Last Week Tonight with John Oliver|series-link=Last Week Tonight with John Oliver|network=HBO|season=6|number=29|date=November 10, 2019|last1=Gurewitch|first1=Dan|author-link1=Dan Gurewitch|last2=Maurer|first2=Jeff|last3=Twiss|first3=Jill|author-link3=Jill Twiss|archive-date=January 3, 2022|archive-url=https://web.archive.org/web/20220103050008/https://www.hbo.com/last-week-tonight-with-john-oliver/2019/119-episode-178|url-status=live}}</ref><ref name=":6">{{Cite news|last=Klein|first=Kathryn B.|date=8 December 2019|title=What the hell happened: John Oliver's secret lawsuit|url=https://www.thecrimson.com/article/2019/12/8/wthh-john-oliver-bob-murray-lawsuit/|url-status=live|archive-url=https://web.archive.org/web/20201031231809/https://www.thecrimson.com/article/2019/12/8/wthh-john-oliver-bob-murray-lawsuit/|archive-date=2020-10-31|access-date=9 February 2021|work=[[The Harvard Crimson]]}}</ref> |
Oliver began the segment by summarizing the legal proceedings up until then, including a video of Bob Murray promoting his lawsuit on [[Fox Business]].<ref name=":7" /> Oliver noted that despite winning the case, his show's libel insurance tripled in addition to paying over $200,000 in attorneys' fees.<ref name=":4" /> He further pointed out that Murray Energy has filed at least nine lawsuits against news outlets and journalists who have published negative content about him, including a lawsuit against ''[[HuffPost]]'', who called him an "extremist coal baron",<ref name=":3" /> and ''[[The New York Times]]''.<ref>{{Cite news|last=Schwartz|first=John|date=27 October 2020|title=Robert Murray, coal baron with clout, dies at 80|language=en-US|work=[[The New York Times]]|url-access=limited|url=https://www.nytimes.com/2020/10/27/climate/robert-murray-coal-baron-with-clout-dies-at-80.html|url-status=live|access-date=10 February 2021|archive-date=2020-12-17|archive-url=https://web.archive.org/web/20201217194448/https://www.nytimes.com/2020/10/27/climate/robert-murray-coal-baron-with-clout-dies-at-80.html}}</ref> Oliver stated that Murray Energy has also sued those who may not be fortunate enough to have the backing of a large company like HBO or libel insurance, and suggested that Murray's reputation for litigiousness may have succeeded in its goal of silencing criticism. In particular, Oliver contended that Murray's habits led to the relative silence in the press on two sexual harassment lawsuits against him, one of which involved asking a female employee to find a [[Kidney stone disease|kidney stone]] that Murray had passed and lost.<ref name=":7" /><ref name=":10">{{Cite episode|title=SLAPP Suits|episode-link=SLAPP Suits|url=https://www.hbo.com/last-week-tonight-with-john-oliver/2019/119-episode-178|access-date=January 2, 2022|series=Last Week Tonight with John Oliver|series-link=Last Week Tonight with John Oliver|network=HBO|season=6|number=29|date=November 10, 2019|last1=Gurewitch|first1=Dan|author-link1=Dan Gurewitch|last2=Maurer|first2=Jeff|last3=Twiss|first3=Jill|author-link3=Jill Twiss|archive-date=January 3, 2022|archive-url=https://web.archive.org/web/20220103050008/https://www.hbo.com/last-week-tonight-with-john-oliver/2019/119-episode-178|url-status=live}}</ref><ref name=":6">{{Cite news|last=Klein|first=Kathryn B.|date=8 December 2019|title=What the hell happened: John Oliver's secret lawsuit|url=https://www.thecrimson.com/article/2019/12/8/wthh-john-oliver-bob-murray-lawsuit/|url-status=live|archive-url=https://web.archive.org/web/20201031231809/https://www.thecrimson.com/article/2019/12/8/wthh-john-oliver-bob-murray-lawsuit/|archive-date=2020-10-31|access-date=9 February 2021|work=[[The Harvard Crimson]]}}</ref> |
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=== "Eat Shit, Bob!" musical number === |
=== "Eat Shit, Bob!" musical number === |
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[[File:Robert E. Murray (crop).jpg|thumb|Bob Murray was the subject of a musical number advising that he "Eat Shit". |alt=Bald, old white man with oxygen tubes extending from his nose around his head]] |
[[File:Robert E. Murray (crop).jpg|thumb|Bob Murray was the subject of a musical number advising that he "Eat Shit". |alt=Bald, old white man with oxygen tubes extending from his nose around his head]] |
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Oliver staged a five-minute musical number initially set in his studio, drawing the title of "Eat Shit, Bob!" from the miner's returned check. There, he began singing slowly that "even though he'll threaten legal Armageddon, we have just one tiny thing to say{{Nbsp}}..." and then extended his middle finger<ref name=":14" /> and exclaimed "Bob Murray can go fuck himself today!"<ref name=":8">{{Cite news|last=Drury|first=Sharareh|date=17 September 2020|title=Emmys: a guide to this year's music and lyrics nominees|language=en|work=[[The Hollywood Reporter]]|url=https://www.hollywoodreporter.com/lists/emmys-2020-guide-to-this-years-music-and-lyrics-nominees|url-status=live|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210212105002/https://www.hollywoodreporter.com/lists/emmys-2020-guide-to-this-years-music-and-lyrics-nominees|archive-date=February 12, 2021}}</ref> He then introduced the "Suck My Balls, Bob" dancers,<ref>{{Cite news|last=Kedves|first=Alexandra|date=November 12, 2019|title=Eat Shit, Bob!|language=de|work=[[Tages-Anzeiger]]|url=https://www.tagesanzeiger.ch/kultur/diverses/eat-shit-bob/story/29675897|url-status=live|access-date=December 13, 2021|archive-url=https://web.archive.org/web/20211214052517/https://www.tagesanzeiger.ch/kultur/diverses/eat-shit-bob/story/29675897|archive-date=December 14, 2021}}</ref> who moved the setting to [[Times Square]] as they recounted fictional anecdotes of Murray committing outlandish and horrifying acts. They joked that he perpetrated the [[1994 Cobo Arena attack]] on [[Nancy Kerrigan]], spat on the face of the [[Mona Lisa |
Oliver staged a five-minute musical number initially set in his studio, drawing the title of "Eat Shit, Bob!" from the miner's returned check. There, he began singing slowly that "even though he'll threaten legal Armageddon, we have just one tiny thing to say{{Nbsp}}..." and then extended his middle finger<ref name=":14" /> and exclaimed "Bob Murray can go fuck himself today!"<ref name=":8">{{Cite news|last=Drury|first=Sharareh|date=17 September 2020|title=Emmys: a guide to this year's music and lyrics nominees|language=en|work=[[The Hollywood Reporter]]|url=https://www.hollywoodreporter.com/lists/emmys-2020-guide-to-this-years-music-and-lyrics-nominees|url-status=live|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210212105002/https://www.hollywoodreporter.com/lists/emmys-2020-guide-to-this-years-music-and-lyrics-nominees|archive-date=February 12, 2021}}</ref> He then introduced the "Suck My Balls, Bob" dancers,<ref>{{Cite news|last=Kedves|first=Alexandra|date=November 12, 2019|title=Eat Shit, Bob!|language=de|work=[[Tages-Anzeiger]]|url=https://www.tagesanzeiger.ch/kultur/diverses/eat-shit-bob/story/29675897|url-status=live|access-date=December 13, 2021|archive-url=https://web.archive.org/web/20211214052517/https://www.tagesanzeiger.ch/kultur/diverses/eat-shit-bob/story/29675897|archive-date=December 14, 2021}}</ref> who moved the setting to [[Times Square]] as they recounted fictional anecdotes of Murray committing outlandish and horrifying acts. They joked that he perpetrated the [[1994 Cobo Arena attack]] on [[Nancy Kerrigan]], spat on the face of the ''[[Mona Lisa]]'', shot puppies into outer space, supplied drugs to [[Bill Cosby]], served as [[Jeffrey Epstein]]'s prison guard, murdered [[Archduke Franz Ferdinand of Austria]] and started [[World War I]], and was the unidentified [[Zodiac Killer]].<ref name=":7" /><ref name=":14" /><ref name=":8" /> |
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Oliver centered parts of the song on his First Amendment rationale, saying that "we made up these anecdotes, they're silly and insane" and "If we discuss Bob Murray in a way no reasonable person could construe as factual, we can say whatever the fuck we like!". Mr. Nutterbutter made a reappearance with a squirrel-costume [[barbershop quartet]] in squirrel costumes, and [[Brian d'Arcy James]] appeared in the role of HBO's legal counsel.<ref name=":7" /><ref>{{Cite news|last=Ivie|first=Devon|date=4 February 2021|title=John Oliver is taking ''Last Week Tonight's'' mascot budget 'to my grave'|language=en-us|work=[[Vulture (web site)|Vulture]]|url=https://www.vulture.com/article/john-oliver-last-week-tonight-mascots-interview.html|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210206023747/https://www.vulture.com/article/john-oliver-last-week-tonight-mascots-interview.html|archive-date=February 6, 2021}}</ref> |
Oliver centered parts of the song on his First Amendment rationale, saying that "we made up these anecdotes, they're silly and insane" and "If we discuss Bob Murray in a way no reasonable person could construe as factual, we can say whatever the fuck we like!". Mr. Nutterbutter made a reappearance with a squirrel-costume [[barbershop quartet]] in squirrel costumes, and [[Brian d'Arcy James]] appeared in the role of HBO's legal counsel.<ref name=":7" /><ref>{{Cite news|last=Ivie|first=Devon|date=4 February 2021|title=John Oliver is taking ''Last Week Tonight's'' mascot budget 'to my grave'|language=en-us|work=[[Vulture (web site)|Vulture]]|url=https://www.vulture.com/article/john-oliver-last-week-tonight-mascots-interview.html|url-status=live|url-access=limited|access-date=9 February 2021|archive-url=https://web.archive.org/web/20210206023747/https://www.vulture.com/article/john-oliver-last-week-tonight-mascots-interview.html|archive-date=February 6, 2021}}</ref> |
Revision as of 18:20, 11 January 2022
"SLAPP Suits" | |
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Last Week Tonight with John Oliver episode | |
![]() John Oliver performs his musical number "Eat Shit, Bob!" at the end of the episode | |
Episode no. | Season 6 Episode 29 (segment) |
Directed by | Paul Pennolino Christopher Werner |
Written by | Dan Gurewitch Jeff Maurer Jill Twiss Juli Weiner |
Presented by | John Oliver |
Original air date | November 10, 2019 |
Running time | 26 minutes |
Guest appearances | |
Brian d'Arcy James Jordan Gelber | |
"SLAPP Suits" is a segment of HBO's news satire television series Last Week Tonight with John Oliver, focused on strategic lawsuits against public participation (SLAPP). It first aired on November 10, 2019, as part of the twenty-ninth episode of the series' sixth season. The episode marked comedian and host John Oliver's response to winning a SLAPP lawsuit against him from Robert E. "Bob" Murray. Oliver was sued for defamation in 2017, after a segment he aired concerning the coal mining industry in the United States heavily criticized Murray and his company, Murray Energy. Murray claimed in his lawsuit that Oliver had carried out a character assassination against him on the show, but the case was dismissed in under a year, and an appeal from Murray Energy was unsuccessful. During the lawsuit, the American Civil Liberties Union filed an amicus brief that was widely covered due to its sarcastic humor.
In "SLAPP Suits", Oliver discussed the outcome of the lawsuit and the damaging effects of similar lawsuits, giving an overview of Murray's other SLAPP suits and their harm to independent journalism. Oliver then ended the twenty-six-minute segment with a musical number titled "Eat Shit, Bob!" in honor of winning his lawsuit, demonstrating his right under the First Amendment to make negative jokes and comments about people and corporations. The title of the number references a check returned by a Murray Energy miner on the grounds that it incentivized unsafe mining practices, with words "Eat Shit Bob" written on the check. The musical number and the segment overall were lauded by critics and nominated for six Primetime Emmy Awards, with the episode winning one award for Outstanding Technical Direction, Camerawork, Video Control for a Series and the musical number winning another for Outstanding Picture Editing for Variety Programming.
Background
2017 Last Week Tonight segment
![Man in his 40s with a gray suit jacket and spectacles, visible only from the shoulders up](http://upload.wikimedia.org/wikipedia/commons/thumb/c/c4/John_Oliver_November_2016.png/170px-John_Oliver_November_2016.png)
On June 18, 2017, John Oliver aired a segment on his show, titled "Coal". The segment focused on practices in the coal mining industry. Oliver began the piece by showing Donald Trump's affinity for the coal industry, including shots of him during his 2016 presidential campaign in a coal miner's hat and delivering a speech in which he told the miners to prepare to work their "asses off" when he became president.[1] Oliver then introduced Bob Murray, the CEO of Murray Energy, who had repeatedly criticized President Barack Obama during his tenure for his perceived incompetence and aggression towards those in the coal industry.[2]
Oliver goes on to explain that when Murray Energy was contacted about the piece, his show received a letter telling them to cease and desist from "any efforts to [...] injure Mr. Murray", and that Murray Energy had sued people before.[2] Oliver ignored this letter and proceeded to call Murray a "geriatric Dr. Evil" who was "on the same side as black lung"[2] and talk about other errors in Murray Energy's mining practices, focusing particularly on the Crandall Canyon Mine collapse that killed nine people. While Murray argued that it was the fault of an earthquake,[2][3] the federal government concluded that it was the fault of unsafe mining practices, and fined Murray Energy US$1,850,000, the highest amount possible for a safety violation.[4][5]
When Murray introduced a bonus program for coal miners, they were told that they could return their checks if they felt the program incentivized unsafe practices. Two miners did, returning checks for small amounts with the words "Kiss My Ass Bob" (all capitalized) and "Eat Shit Bob" written on them.[6] Oliver also referenced a satirical article in a journal of the United Mine Workers, alleging that Murray shared an anecdote in which he was told to start a coal mining corporation by a talking squirrel; the company denies the story.[2] Drawing on these two incidents, Oliver ended the segment by introducing a squirrel mascot known as "Mr. Nutterbutter" who taunted Bob Murray by holding up an oversized check for "three acorns and eighteen cents" made out to "Eat Shit, Bob!".[7]
Defamation lawsuit
On June 21, 2017, Marshall County Coal Company and other companies chaired by Bob Murray filed a lawsuit against John Oliver, HBO, and others associated with Oliver in a West Virginia Circuit Court, on charges relating to defamation.[8][9] The complaint alleged that Oliver carried out a "meticulously planned attempt to assassinate the character of and reputation of Mr. Robert E. Murray and his companies".[9] The plaintiffs criticized Oliver's coverage of the Crandall Canyon Mine collapse, reiterating their claim that the primary collapse was caused by an earthquake, rather than unsafe mining practices on the part of Murray Energy.[9] The company sought monetary damages, as well as a gag order on broadcasting the piece or airing it online.[2] An HBO spokesperson expressed confidence in Last Week Tonight, and said that they did not believe that "anything in the show this week violated Mr. Murray's or Murray Energy's rights".[2][10]
On February 24, 2018, the case was dismissed, with the judge agreeing with HBO's arguments that Murray Energy had failed to state a valid claim.[11] Murray Energy appealed to the Supreme Court of Appeals of West Virginia, but four of the five justices on that court were impeached for charges relating to corruption, overspending, and lack of oversight; the fifth justice resigned. The defamation lawsuit was later dropped, while Murray Energy was filing for bankruptcy.[12] Oliver also revealed that he had mentioned one of the justices on the court in a segment a few years prior; specifically, he had joked that the chief justice on the court, Allen Loughry, referred to his penis as "The Gavel".[13]
Amicus curiae from the ACLU
The American Civil Liberties Union (ACLU) chapter in West Virginia filed an amicus brief on behalf of HBO, which was noted by news outlets for its snarky, humorous tone, unusual in a legal document;[14] it featured section headings such as "You Can't Sue People for Being Mean to You, Bob"[14] and "A Brief History of Plaintiffs' Attempts to Chill Speech by Abusing the Legal System".[6] Written by Jamie Lynn Croft, the paper argued that Oliver's segment did not air any speech that violated Murray Energy's rights, as Oliver's statements were protected by the First Amendment as either satirical humor or a matter of fact, depending on the statement.[14] The brief claimed Murray Energy was using the court as a vehicle to suppress free speech, arguing that this lawsuit "threaten[s] the fundamental right of the media to criticize public figures and speak candidly on matters of public concern".[15]
Due to the media coverage of the brief, Murray Energy filed a response, asking the court to disregard the ACLU's brief on the basis that they did not fully disclose a financial conflict of interest with Oliver's show.[6] The company pointed to a segment of Last Week Tonight titled "President-Elect Trump", aired five days after the 2016 presidential election. In the segment, Oliver encouraged viewers to donate to causes perceived as left-leaning such as Planned Parenthood, the NAACP Legal Defense and Educational Fund, the Trevor Project, the Center for Reproductive Rights, and the International Refugee Assistance Project. The company argued that this encouragement caused an "immediate surge of millions of dollars in donations to the ACLU". Reuters, however, contended that Murray Energy did not provide suitable evidence for this claim; the response provided hyperlinks to three articles that did not explicitly support this argument, instead attributing the rise in donations to the result of the presidential election in general.[6] The response also criticized the tone of the ACLU's submission, arguing that the brief's "vulgar language" displayed its unfitness for consideration.[16]
"SLAPP Suits" segment
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On November 10, 2019, John Oliver aired a segment on his show, titled "SLAPP Suits". SLAPP stands for strategic lawsuits against public participation, lawsuits designed to threaten targets into not criticizing the plaintiff with the promise of high attorneys' fees and possible payment of damages.[17]
Oliver began the segment by summarizing the legal proceedings up until then, including a video of Bob Murray promoting his lawsuit on Fox Business.[18] Oliver noted that despite winning the case, his show's libel insurance tripled in addition to paying over $200,000 in attorneys' fees.[12] He further pointed out that Murray Energy has filed at least nine lawsuits against news outlets and journalists who have published negative content about him, including a lawsuit against HuffPost, who called him an "extremist coal baron",[2] and The New York Times.[19] Oliver stated that Murray Energy has also sued those who may not be fortunate enough to have the backing of a large company like HBO or libel insurance, and suggested that Murray's reputation for litigiousness may have succeeded in its goal of silencing criticism. In particular, Oliver contended that Murray's habits led to the relative silence in the press on two sexual harassment lawsuits against him, one of which involved asking a female employee to find a kidney stone that Murray had passed and lost.[18][20][21]
To conclude the section discussing Murray's SLAPP lawsuits, Oliver acknowledged that despite the segment being checked by HBO's lawyers (who he joked were "getting very tired of us"),[17] the episode would likely lead to another lawsuit and that he would stand behind his works if it were to happen.[22] Oliver cited the idea that "loose, figurative language" that cannot be understood as factual is protected under the First Amendment in order to create a musical number to end the episode.[22]
"Eat Shit, Bob!" musical number
![Bald, old white man with oxygen tubes extending from his nose around his head](http://upload.wikimedia.org/wikipedia/commons/5/53/Robert_E._Murray_%28crop%29.jpg)
Oliver staged a five-minute musical number initially set in his studio, drawing the title of "Eat Shit, Bob!" from the miner's returned check. There, he began singing slowly that "even though he'll threaten legal Armageddon, we have just one tiny thing to say ..." and then extended his middle finger[17] and exclaimed "Bob Murray can go fuck himself today!"[23] He then introduced the "Suck My Balls, Bob" dancers,[24] who moved the setting to Times Square as they recounted fictional anecdotes of Murray committing outlandish and horrifying acts. They joked that he perpetrated the 1994 Cobo Arena attack on Nancy Kerrigan, spat on the face of the Mona Lisa, shot puppies into outer space, supplied drugs to Bill Cosby, served as Jeffrey Epstein's prison guard, murdered Archduke Franz Ferdinand of Austria and started World War I, and was the unidentified Zodiac Killer.[18][17][23]
Oliver centered parts of the song on his First Amendment rationale, saying that "we made up these anecdotes, they're silly and insane" and "If we discuss Bob Murray in a way no reasonable person could construe as factual, we can say whatever the fuck we like!". Mr. Nutterbutter made a reappearance with a squirrel-costume barbershop quartet in squirrel costumes, and Brian d'Arcy James appeared in the role of HBO's legal counsel.[18][25]
Reaction and impact
Reception of the segment was widely positive. The A.V. Club said that the episode was a demonstration in "why rich assholes really shouldn't sue John Oliver", and referred to the musical number as "glorious" and "over-the-top".[18] A year later, The A.V. Club would cite the musical number as an example of "a troll's power ... turned into a force for good".[26] Outlets were also receptive to Oliver's stance on behalf of those vulnerable to SLAPP lawsuits. Slate commented that just because Oliver gave an "impassioned speech standing up for all the small outlets and independent activists bullied into silence by SLAPP lawsuits", that does not mean he "has matured even a little bit".[13] Slate also compared the segment to eight other recent comedy clips on a graph called an "EvisceRater", rating it as funnier and more informative than the other eight segments.[13] The Mary Sue agreed with Oliver, stating that Murray's SLAPP suits create a "culture of fear", but points out that "of course, this is John Oliver we're talking about and 'culture of fear' is basically his Bat-Signal".[27] An editorial from the Charleston Gazette-Mail said that there was "a lesson in John Oliver roasting Bob Murray" in that it leads to the question of why states like West Virginia have relaxed anti-SLAPP laws.[28]
A 2020 West Virginia University paper by Shine Sean Tu and Nicholas Stump referenced the defamation lawsuit as a case that "exhibits the classic anatomy of a SLAPP suit". The paper argued that Murray's lawsuit was indeed typical for a SLAPP lawsuit, in that a powerful corporation or individual used the legal system, particularly through a defamation lawsuit, in order to scare Oliver into silence. The "most appropriate classification for the Oliver case", the paper contended, "is that of a SLAPP suit whose aims are to impede constitutional free speech rights".[29] The lawsuit was also cited in a 2020 law textbook titled The Law of Public Communication, which similarly outlined it as a standard SLAPP suit and credited Oliver for bringing attention to the topic.[30]
"Eat Shit, Bob!" won an Primetime Emmy Award for Outstanding Picture Editing for Variety Programming, and was nominated for Outstanding Original Music and Lyrics. The episode itself won an award for Outstanding Technical Direction, Camerawork, Video Control for a Series, and was nominated in the categories of Outstanding Production Design for a Variety, Reality or Competition Series and Outstanding Sound Mixing for a Variety Series or Special. Episode directors Christopher Werner and Paul Pennolino received a nomination for Outstanding Directing for a Variety Series.[31]
Bob Murray died in October 2020 due to long-term lung illness. The Daily Beast remembered him as a "Coal Magnate and John Oliver Nemesis", highlighting the controversy between the two as a significant source of notoriety.[2]
References
- ^ Stern, Marlow (June 19, 2017). "John Oliver calls out the president: 'Trump needs to stop lying to coal miners'". The Daily Beast. Archived from the original on January 6, 2022. Retrieved December 13, 2021.
- ^ a b c d e f g h i Hawkins, Derek (June 17, 2016). "John Oliver, a giant squirrel and a defamation lawsuit by a coal industry titan". The Washington Post. Archived from the original on February 9, 2021. Retrieved December 14, 2021.
- ^ Urbina, Ian (May 9, 2008). "Utah mine disaster was preventable, report says". The New York Times. Archived from the original on November 9, 2020. Retrieved February 9, 2021.
- ^ "Feds blame mine operator for fatal collapse". CNN. July 24, 2008. Archived from the original on January 13, 2013. Retrieved February 9, 2021.
- ^ "Year after mine collapse, many failures clear". NBC News. August 6, 2008. Archived from the original on November 19, 2021. Retrieved November 19, 2021.
- ^ a b c d Frankel, Alison (August 9, 2017). "Murray Energy's tricky attack on ACLU in John Oliver libel case". Reuters. Archived from the original on March 13, 2021. Retrieved February 9, 2021.
- ^ Dessem, Matthew (February 24, 2018). "Court finds John Oliver has the right to hire a giant squirrel named "Mr. Nutterbutter" to insult coal barons". Slate. Archived from the original on December 14, 2021. Retrieved December 13, 2021.
- ^ Livni, Ephrat (August 1, 2017). "The ACLU filed a comical brief in defense of free speech and John Oliver's satire". Quartz. Archived from the original on December 14, 2021. Retrieved December 13, 2021.
- ^ a b c Swan, Betsy (June 22, 2017). "Republican coal king sues HBO over John Oliver's show". The Daily Beast. Archived from the original on June 18, 2018. Retrieved December 13, 2021.
- ^ Maddaus, Gene (June 22, 2017). "John Oliver sued for 'ruthless character assassination' by coal CEO". Variety. Archived from the original on February 14, 2021. Retrieved February 9, 2021.
- ^ Nyren, Erin (February 24, 2018). "John Oliver victorious: coal CEO's defamation suit dismissed". Variety. Archived from the original on March 3, 2021. Retrieved February 9, 2021.
{{cite news}}
:|archive-date=
/|archive-url=
timestamp mismatch; March 1, 2021 suggested (help) - ^ a b Locker, Melissa (November 11, 2019). "John Oliver picks a new fight with a coal boss he called 'a geriatric Dr. Evil' on 'Last Week Tonight'". Time. Archived from the original on February 11, 2021. Retrieved February 9, 2021.
- ^ a b c Martinelli, Marissa (November 11, 2019). "John Oliver taunts coal baron enraged by giant talking squirrel with giant singing squirrels". Slate. Archived from the original on December 21, 2019. Retrieved February 9, 2021.
- ^ a b c Bradley, Laura (August 2, 2017). "A.C.L.U. defends John Oliver from stupid lawsuit in hilarious amicus brief". Vanity Fair. Archived from the original on January 20, 2021. Retrieved February 9, 2021.
- ^ Kane, Vivian (August 2, 2017). "The ACLU proves themselves masters of savage snark (while simultaneously protecting American liberties)". The Mary Sue. Archived from the original on December 14, 2021. Retrieved December 13, 2021.
- ^ Phillis, Michael (August 8, 2017). "Murray Energy says ACLU doesn't belong in John Oliver suit". Law360. Archived from the original on December 14, 2021. Retrieved December 13, 2021.
- ^ a b c d Saad, Nardine (November 11, 2019). "John Oliver roasts litigious coal titan in epic, squirrel-filled musical number". Los Angeles Times. Archived from the original on January 16, 2021. Retrieved February 9, 2021.
- ^ a b c d e Perkins, Dennis (November 11, 2019). "John Oliver gloriously demonstrates why rich assholes really shouldn't sue John Oliver". The A.V. Club. Archived from the original on January 26, 2021. Retrieved February 9, 2021.
- ^ Schwartz, John (October 27, 2020). "Robert Murray, coal baron with clout, dies at 80". The New York Times. Archived from the original on December 17, 2020. Retrieved February 10, 2021.
- ^ Gurewitch, Dan; Maurer, Jeff; Twiss, Jill (November 10, 2019). "SLAPP Suits". Last Week Tonight with John Oliver. Season 6. Episode 29. HBO. Archived from the original on January 3, 2022. Retrieved January 2, 2022.
- ^ Klein, Kathryn B. (December 8, 2019). "What the hell happened: John Oliver's secret lawsuit". The Harvard Crimson. Archived from the original on October 31, 2020. Retrieved February 9, 2021.
- ^ a b Horton, Adrian (November 11, 2019). "John Oliver takes on muzzling lawsuits – and the man who sued his show". The Guardian. Archived from the original on January 6, 2020. Retrieved November 11, 2019.
- ^ a b Drury, Sharareh (September 17, 2020). "Emmys: a guide to this year's music and lyrics nominees". The Hollywood Reporter. Archived from the original on February 12, 2021. Retrieved February 9, 2021.
- ^ Kedves, Alexandra (November 12, 2019). "Eat Shit, Bob!". Tages-Anzeiger (in German). Archived from the original on December 14, 2021. Retrieved December 13, 2021.
- ^ Ivie, Devon (February 4, 2021). "John Oliver is taking Last Week Tonight's mascot budget 'to my grave'". Vulture. Archived from the original on February 6, 2021. Retrieved February 9, 2021.
- ^ Shoemaker, Allison (November 16, 2020). "Grab your popcorn: Ben Shapiro and Candace Owens just pissed off the wrong fanbase". The A.V. Club. Archived from the original on January 6, 2022. Retrieved January 6, 2022.
- ^ Kane, Vivian (November 11, 2019). "Here's why it's a bad idea to sue John Oliver". The Mary Sue. Archived from the original on November 18, 2020. Retrieved February 10, 2021.
- ^ "Gazette-Mail editorial: There's a lesson in John Oliver roasting Bob Murray". Charleston Gazette-Mail. November 11, 2019. Archived from the original on February 9, 2021. Retrieved February 9, 2021.
- ^ Tu, Shine Sean; Stump, Nicholas F. (February 14, 2020). "Free speech in the balance: judicial sanctions and frivolous SLAPP suits". Loyola Los Angeles Law Review. 54 (2). Archived from the original on January 6, 2022. Retrieved December 14, 2021 – via SSRN.
- ^ Lee, William E.; Stewart, Daxton; Peters, Jonathan (2020). The Law of Public Communication. Taylor & Francis. ISBN 978-1-000-08040-7. Archived from the original on January 6, 2022. Retrieved December 14, 2021.
- ^ "Last Week Tonight with John Oliver". Primetime Emmy Awards. Archived from the original on December 14, 2021. Retrieved January 2, 2022.
External links
- "SLAPP Suits" at IMDb
- "SLAPP Suits" on HBO